How Appealing



Thursday, November 5, 2009

“Analysis: Democrats have short memory on judges.” The Associated Press has a report that begins, “Ten months into Barack Obama’s presidency, Democrats are accusing Republicans of creating ‘a dark mark on the Senate’ by delaying confirmation of his federal court nominees.”

Posted at 7:20 AM by Howard Bashman



Wednesday, November 4, 2009

“New Albany again rebuffed in battle against adult bookstore”: Yesterday’s edition of The Louisville Courier-Journal contained this article.

Posted at 9:30 PM by Howard Bashman



“Supreme Court orders new trial in CV defamation case”: The Citizens’ Voice of Wilkes-Barre, Pennsylvania has a news update that begins, “The state Supreme Court ordered a new trial today in $3.5 million defamation verdict against The Citizens’ Voice that the newspaper’s attorneys allege was possibly fixed in a conspiracy between a Luzerne County judge and a convicted mobster.”

And The Associated Press reports that “NE Pa. paper wins new trial in defamation case.”

You can access today’s order of the Supreme Court of Pennsylvania at this link. The Report and Recommendation referenced in today’s order can be accessed here.

Posted at 9:08 PM by Howard Bashman



“Death sentence upheld for Julie Love’s killer”: Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, “The federal appeals court in Atlanta on Wednesday upheld the death sentence against a man convicted of one of Atlanta’s most infamous murders — the abduction and killing of 27-year-old Julie Love.”

Circuit Judge Ed Carnes wrote today’s 116-page ruling of the U.S. Court of Appeals for the Eleventh Circuit for a unanimous three-judge panel.

Posted at 7:22 PM by Howard Bashman



“Panel to discuss U.S. Supreme Court and the media”: Princeton University has issued a news release that begins, “Noted law reporters and media analysts will participate in a panel discussion titled ‘Full Court Press: The Supreme Court, the Media and Public Understanding’ at 4:30 p.m. Wednesday, Nov. 11.”

Posted at 5:50 PM by Howard Bashman



“Supreme Court appears split on tackling rogue prosecutors; The Supreme Court Wednesday heard arguments in a lawsuit brought by two Iowa men who spent 25 in prison after prosecutors allegedly fabricated evidence against them; Justices seemed divided on the issue of how much immunity prosecutors should enjoy”: Warren Richey of The Christian Science Monitor has this report.

And this evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “High Court Weighs Prosecutors’ Immunity” featuring Nina Totenberg.

Posted at 5:48 PM by Howard Bashman



“Melvin Brunetti dies at 75; federal appeals court judge; He sat on the 9th Circuit Court of Appeals for 24 years; His key opinions include upholding Robert Alton Harris’ death penalty and broader Pentagon scrutiny of homosexuals’ security clearances”: Carol J. Williams had this obituary yesterday in The Los Angeles Times.

And yesterday’s edition of Metropolitan News-Enterprise contained an article headlined “Services Set for Ninth Circuit Senior Judge Brunetti.”

Posted at 3:14 PM by Howard Bashman



This U.S. Supreme Court case does not involve Woody Allen: Although, if glanced at too quickly, the case of

Wood v. Allen

in which the U.S. Supreme Court heard oral argument today (the transcript is available at this link) does look a bit like “Woody Allen.”

But while speaking of Hollywood, it is noteworthy that petitioner Wood’s first name actually is Holly. Because this is a death penalty case, it remains to be seen whether — and, if so, for whom — it will have a happy ending.

Posted at 3:10 PM by Howard Bashman



“Court worries about stifling prosecutors”: Jesse J. Holland of The Associated Press has a report that begins, “The Supreme Court on Wednesday seemed worried that allowing people to sue prosecutors who fabricate evidence to win convictions might chill other prosecutions – even if those prosecutors are doing their jobs correctly and honestly.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Pottawattamie County v. McGhee, No. 08-1065.

Posted at 3:07 PM by Howard Bashman



“Charlotte judge nominated to 4th Circuit Court of Appeals”: The Charlotte Observer has this news update, along with a news update headlined “Wynn, Diaz tapped for U.S. appeals court.”

At the “44” blog of The Washington Post, Michael A. Fletcher has a post titled “Obama nominates two to the 4th Circuit Court of Appeals.”

The Daily Reflector of Greenville, North Carolina has a news update headlined “Robersonville native nominated to U.S. Court of Appeals.”

The News & Record of Greensboro, North Carolina has an update headlined “Obama appoints two N.C. judges to Fourth Circuit.”

And at “The BLT: The Blog of Legal Times,” David Ingram has a post titled “Obama Nominates Two from N.C. to the 4th Circuit.”

Today’s official news release from the White House is headlined “President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals.”

Posted at 2:57 PM by Howard Bashman



To quote from a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today, “Bow wow wow, yippie yo, yippie yea”: It’s true, the “Bow Wow refrain” is at issue in a copyright infringement appeal that the Sixth Circuit decided today. You can access today’s ruling at this link.

Posted at 11:10 AM by Howard Bashman



“Prosecutors keep eyes on Bluffs case”: This past Sunday’s edition of The Omaha World-Herald contained an article that begins, “A case that began in a dark used car lot 32 years ago will see the light of the U.S. Supreme Court chamber this week. The issue before the high court isn’t whether Curtis McGhee and Terry Harrington, both of Omaha, were wrongly convicted of murdering a retired Council Bluffs police officer. Or whether the two men were unjustly imprisoned for 25 years. The court also isn’t tasked with deciding whether county prosecutors fabricated evidence that led to the men’s conviction. Rather, the question is: If prosecutors in fact fabricated evidence, can they be sued for it?”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment entitled “Can Prosecutors Be Sued By People They Framed?”

Posted at 8:45 AM by Howard Bashman



“State justices debate limits on sex offenders”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “The California Supreme Court appeared to be searching for a middle ground Tuesday in a dispute over whether thousands of formerly imprisoned sex offenders must live at least 2,000 feet from parks and schools, a voter-approved restriction that would exclude them from most of the state’s urban areas.”

Posted at 7:20 AM by Howard Bashman



“Supreme Court is asked to spare sniper; Lawyers: Muhammad shouldn’t have been allowed to represent self.” This article appears today in The Washington Post.

Posted at 7:18 AM by Howard Bashman



“Michigan Supreme Court justices take up doctor liability; Patient shot in ’99 sued psychiatrist’s estate”: Today’s edition of The Detroit Free Press contains an article that begins, “More than 10 years after an explosion of violence and death at the office of a Southfield psychiatrist, the Michigan Supreme Court heard arguments Tuesday about whether the estate of the slain psychiatrist is liable for injuries a patient suffered when a former patient shot them.”

Posted at 7:14 AM by Howard Bashman



“Justices split on Series”: Mark Sherman of The Associated Press has a report that begins, “He’s a right-leaning New Jersey native with a lifelong love of the Phillies. She’s a liberal New Yorker who grew up near Yankee Stadium. They’re eying each other warily these days from opposite ends of the Supreme Court bench. Justices Samuel Alito and Sonia Sotomayor make no secret of their rooting interests in the World Series, though neither would say whether they have a wager on the outcome.”

Posted at 7:10 AM by Howard Bashman



Tuesday, November 3, 2009

“Republican Melvin wins Supreme Court seat”: The Patriot-News of Harrisburg, Pennsylvania has an update that begins, “Republican Joan Orie Melvin has won a seat on the Pennsylvania Supreme Court. Unofficial returns showed Melvin besting Democrat Jack Panella by a 53 percent to 47 percent margin with 91 percent of the state’s 9,313 precincts reporting.”

Posted at 11:58 PM by Howard Bashman



“At Supreme Court: Can prosecutors be sued for framing defendants? Two African-American men wrongly imprisoned for 25 years filed a lawsuit against prosecutors for fabricating evidence against them; The Supreme Court hears the case Wednesday.” Warren Richey of The Christian Science Monitor has this report.

Posted at 10:15 PM by Howard Bashman



“Federal judges pursue judicial pay dispute in appeals court; Eight federal judges argue that Congress violated the Constitution when it nixed scheduled judicial pay hikes; They want an appeals court to overturn its own precedent or let the case move to the Supreme Court”: Warren Richey of The Christian Science Monitor has this report.

Posted at 8:55 PM by Howard Bashman



“Justices Scrutinize Adviser Pay”: Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Robert Barnes reports that “Justices tackle case on investment fees; Court seems disinclined to tighten oversight of mutual fund advisers.”

David G. Savage and Walter Hamilton of The Los Angeles Times report that “U.S. Supreme Court debates whether mutual funds’ fees are too high; Investors may be allowed to sue funds’ board members if the fees are considered excessive.”

And Jess Bravin of The Wall Street Journal reports that “Justices Weigh Fees Investment Advisers Charge Mutual Funds.”

Posted at 8:52 PM by Howard Bashman



“Judge rules artist Daniel Moore needs no University of Alabama license for paintings”: Today’s edition of The Birmingham News contains an article that begins, “Daniel Moore, the artist beloved by University of Alabama football fans for preserving some of the Crimson Tide’s most memorable exploits, won the right to keep painting without having to be licensed by UA. A federal judge today said in a memorandum opinion that Moore’s art does not violate any UA trademark.”

The Tuscaloosa News reports today that “Judge sides with Daniel Moore in lawsuit.”

The Associated Press reports that “Football artist Daniel Moore wins court decision over University of Alabama.”

And yesterday’s edition of The Crimson White, the student newspaper of the University of Alabama, contained a related article headlined “Trademark funds total estimated $3.5 million; Funds pay for scholarships.”

I have posted online at this link yesterday’s ruling of the U.S. District Court for the Northern District of Alabama.

Posted at 11:40 AM by Howard Bashman



“Law Professor sues ‘Above the Law’ blog; time to go back to complaint-drafting school”: Ben Sheffner has this post, providing access to the complaint initiating suit, at his “Copyrights & Campaigns” blog.

Posted at 10:15 AM by Howard Bashman



“Nation’s high court rejects Seale appeal”: Today’s edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, “Reputed Klansman James Ford Seale lost one appeal argument Monday before the U.S. Supreme Court in his quest to overturn his 2007 federal kidnapping convictions in the deaths of two black teens more than 45 years ago. But the attorney for the former Roxie cropduster says it won’t be the last.”

The New York Times reports today that “Court Declines Case of Klansmen in ’64 Slayings.”

Warren Richey of The Christian Science Monitor reports that “Supreme Court declines to hear civil-rights era KKK case; The Supreme Court refuses to hear a case on whether the federal statute of limitations applies to a 1964 Ku Klux Klan kidnap-murder; That leaves the issue unresolved for future civil-rights era cases.”

Bill Mears of CNN.com reports that “Justices reject appeal in 1964 kidnapping case related to civil rights.”

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a post titled “Supreme Court Rejects 5th Circuit Plea in Kidnap Case.”

Posted at 10:12 AM by Howard Bashman